Legal Opinion

Kinsley v. Boston Elevated Railway Co.

Massachusetts Supreme Judicial Court

Decided June 30, 1911PublishedCited by 8 opinions

Tort for personal injuries caused by the plaintiff being run into by a street car of the defendant on Galen Street in Newton as he was crossing the street after having alighted from and having passed around the rear of another car. Writ dated March 16, 1909: In the Superior Court the case was tried before Wait, J. At the close of the evidence a verdict was ordered for the defendant; and the plaintiff alleged exceptions.

1Opinion of the CourtRugg, J.

The plaintiff’s testimony was that, while a passenger inside a car of the defendant and approaching his destination, he looked forward, but his view was “ troubled ” by the vestibule so that he could not determine as to the approach of a car. He then got off the car, and, to quote the exceptions, “ faced forward just after he stepped off the car about a foot or so from the edge of the step and looked forward . . . and was unable to see any car from that direction because the car from which he had alighted obstructed the view and he heard no car. He turned around and passed behind the car and…

2Cases cited7 opinions

  1. Plummer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
  2. Fitzgerald v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
  3. Beale v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
  4. Haynes v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
  5. Hatch v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1910

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Gibb v. HardwickMassachusetts Supreme Judicial Court · 1922
  2. Kennedy v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1911
  3. Margeson v. Town Taxi, Inc.Massachusetts Supreme Judicial Court · 1929
  4. Shea v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
  5. Poppel v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1927

3 more not listed; retrieve them via the Exa API.

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